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2010 SESSION

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Senate Committee on Courts of Justice
Subcommittee Civil

Edwards (Chairman), Quayle, Lucas, Puller, Obenshain, Saslaw, Petersen

Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: March 4, 2010
Time and Place: 4:00 P.M., 4th Floor East Conference Room
UPDATED 3/3/10 @ 5:42 p.m. (1 BILL +);11:45 A.M. (3 BILLS ADDED)

H.B. 203

Patron: Alexander

Writ of actual innocence; available after parole or pardon. Provides that the statutory guidelines employed by the General Assembly for determining compensation of persons who have been wrongfully incarcerated also apply to a person granted a writ of actual innocence based on nonbiological evidence and a person who has been granted an absolute pardon for the commission of a crime that he did not commit.

H.B. 241

Patron: Janis

Retired judges under temporary recall.  Requires that the General Assembly approve retired judges for service under temporary recall.

H.B. 242

Patron: Janis

Judicial vacancies.  Removes the requirement that the Committee on District Courts and the Supreme Court certify vacancies in the judiciary prior to the legislature filling those vacancies.

H.B. 293

Patron: Griffith

Administration of the circuit court system; authority of circuit court judges.  Clarifies that the executive secretary's responsibility as administrator of the circuit court system does not supersede the authority of the circuit court judges over running the court itself (e.g., setting terms of court, dockets, control of the courtroom, etc.).

H.B. 559

Patron: Tata

Compensation for wrongful incarceration for a felony conviction.  Clarifies individuals granted an absolute pardon by the Governor may be considered under the wrongful incarceration compensation statute. The bill also provides that the amount of compensation provided under the statute be adjusted for inflation. In addition, the bill specifies that in addition to any subsequent conviction of a felony, any act resulting in the revocation of parole or probation shall also make a person who has been awarded compensation under the statute ineligible to receive any unpaid amount.

H.B. 714

Patron: Peace

Foreclosure sales; trustee to pay taxes.  Clarifies that, in the event of a foreclosure sale, the trustee shall cause the proceeds of the sale to be applied to the payment of taxes on the property. The bill also eliminates a redundancy in the Code pertaining to the duties of a trustee in a foreclosure sale.

H.B. 750

Patron: Toscano

Post-adoption contact and communication agreements. Provides that in any case of adoption, adoptive parents may enter into post-adoption contact and communication agreements, and that the court may consider the appropriateness of any post-adoption contact and communication agreement at a permanency hearing for any child in foster care.

H.B. 914

Patron: Bell, Robert B.

Barking dog ordinances; mediation.  Provides that in any ordinance that regulates barking dogs, a locality may include provisions that require parties to use mediation or arbitration as an initial step in resolving a dispute.

H.B. 974

Patron: Kilgore

Technological efficiencies in circuit court clerks' offices; fees. Makes technical changes in circuit court clerks' handling of electronic or digital filing and their maintenance and support of electronic filing. This bill incorporates HB 90 and HB 825.

H.B. 1193

Patron: Griffith

Actions or suits involving fiduciaries; style of the case; amendment of pleading.  Provides that in any action or suit required to be prosecuted or defended by or in the name of a fiduciary, the style of the case in regard to the fiduciary must be substantially in the following form: "(Name of the subject of the fiduciary relationship) through (Name of fiduciary), (type of fiduciary relationship)." Failure to comply with this form does not affect the validity of any judgment or pleading, and pleadings that are not in the proper form shall be amended on the motion of any party or on the court's own motion. The provisions of the bill apply to any action or suit pending as of the effective date of the bill.